Severability in Agency Rulemaking
Agencies should include severability clauses in rules to minimize legal uncertainty.
Judge Kavanaugh’s Activist Vision of Administrative Law
In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.
State Court Breathes Fresh Air into Pennsylvanians’ Environmental Rights
Recent state supreme court decision reaffirms and expands a constitutional duty to preserve natural resources.
Scrutinizing Deference to Administrative Agencies
Scholar evaluates arguments for scaling back deference doctrines in light of renewed interest in reform.
How Machine Learning Can Improve Public Sector Services
Experts explain how algorithms can aid government health and welfare work.
Trump’s Proposed Transgender Ban Breaks Faith with Service Members
President Trump’s transgender ban for the military is misguided and potentially illegal.
Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.
Supreme Court Clarifies Test for Evaluating Useful Articles
Decision may have implications for the protection of other industrial designs.
Constraining the SEC’s Enforcement Options
Supreme Court limits agency’s ability to demand repayment of illegal gains.
Supreme Court Raises the Bar for Students with Disabilities
Court unanimously revises its approach to students’ individualized education plans.
Achieving Agency Compliance
Scholar examines the role of contempt findings in ensuring agency compliance with court orders.
When Federal Agencies Do Not Answer to Courts
Scholar examines how agencies operate independently of courts through rulemaking and legislative drafting.